Expungement

Immigration Law – Mobile, AL

Helping You Navigate the Path to Legal Residency, Family Unity & Protection

Effective July 6, 2014, individuals may apply for an expungement of their criminal records under the following circumstances:


a. For a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation:

  1. When the charge is dismissed with prejudice.
  2. When the charge has been no billed by a grand jury.
  3. When the person has been found not guilty of the charge.
  4. When the charge was dismissed without prejudice more than two years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years.

Ala. Code 1975 §15-27-1

b. For a non-violent felony offense:

  1. When the charge is dismissed with prejudice.
  2. When the charge has been no billed by a grand jury.
  3. When the person has been found not guilty of the charge.
  4. a. The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program after one year from successful completion of the program.
    b. Expungement may be a court-ordered condition of a program.
  5. The charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.
  6. Ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled.

Ala. Code 1975 §15-27-2.

The individual must provide the Court, at the time of filing, with the following items:

a. A sworn statement stating that the individual has satisfied the requirements for an expungement and whether they have previously applied for an expungement. See Form CRO65, a copy of which can be found at: http://eforms.alacourt.gov under “Criminal Forms.”
See also: http://eforms.alacourt.gov/Criminal%20Forms/Petition%20for%20Expungement%20of%20Records.pdf


Ala. Code 1975 §15-27-3(a)

b. Certified copy of the arrest, disposition, or the case action summary from the agency or court in which the arrest was made or the charge was filed and which the individual is seeking to have expunged. Ala. Code 1975 §15-27-3(b)


c. Certified official copy of the individual’s criminal record from the Alabama Criminal Justice Information Center. Ala. Code 1975 §15-27-3(b)
Please visit their website at www.acjic.alabama.gov to request a copy.


d. $300 administrative filing fee or Affidavit of Substantial Hardship. See Form CO10, a copy of which may be found at:http://eforms.alacourt.gov under “Civil Forms.” Filing a substantial hardship affidavit is required to apply for indigent status. If the court grants indigent status, the individual may be given a payment plan for the $300 administrative fee. The fee will not be waived, and an expungement will not be granted until the fee is paid in full Ala. Code 1975 §15-27-4


The District Attorney’s Office (or Prosecuting Attorney’s Office in municipal cases) must be served with a copy of the petition by the individual seeking the expungement. The District Attorney (or City Prosecutor) will have 45 days to file an objection to the petition to expunge criminal records. If the prosecution objects, a hearing will be scheduled no sooner than 14 days from the objection filing date. Otherwise, individuals should not expect to hear anything regarding their request to expunge records for at least 60 days. The judge assigned to the case may rule on the request with or without a hearing, if no objection is filed.


Disclaimer: This Office may not give out legal advice; therefore, this information is not to be construed as legal opinion. Should a reader interpret any part of it as legal opinion, it is not so intended and does not reflect the legal opinion of the Alabama Administrative Office of Courts or this Office, and does not have the force and effect of law.